Tribunals and Early Conciliation

An employee who believes that they have been unreasonably refused paid time off to perform their functions as a negotiating representative or an ICE rep (see page 41) can complain to an employment tribunal. A complaint of this kind should be made before the end of a three-month period beginning with the day on which the time off was taken or it is alleged the time off should have been permitted. A further time period may, in exceptional circumstances, be available if the tribunal considers that reasonable.

However, under the current system of Early Conciliation the first step would be to notify Acas, which will usually offer to assist in settling differences free of charge. If Early Conciliation does not resolve the matter, Acas issues the certificate now required for a claim to be submitted to an Employment Tribunal.

There are fees to “lodge” the claim and to progress a claim to a tribunal hearing. Other fees may apply, but some employees, including those on low incomes, may be exempt from fees.

More information on tribunal claims can be found in the latest edition of the LRD booklet Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1827).